Commonwealth Consolidated Acts

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COMPETITION AND CONSUMER ACT 2010 - SECT 152CK

Relationship between this Part and Part IIIA

             (1)  A notification must not be given under section 44S in relation to an access dispute if:

                     (a)  the dispute relates to one or more aspects of access to a declared service (within the meaning of this Part); and

                     (b)  the third party referred to in that section is a service provider (within the meaning of this Part).

             (2)  The Commission must not accept an undertaking under section 44ZZA that relates to a declared service (within the meaning of this Part) if the terms and conditions set out in the undertaking relate to the provision of access to one or more service providers (within the meaning of this Part).

             (3)  If:

                     (a)  an undertaking under section 44ZZA is in operation in relation to a particular service; and

                     (b)  at a particular time, the service becomes a declared service (within the meaning of this Part);

the undertaking ceases to be in operation to the extent (if any) to which it sets out terms and conditions relating to the provision of access to one or more service providers (within the meaning of this Part).

             (4)  For the purposes of this section, if a special access undertaking given by a person other than an NBN corporation is in operation, assume that subsection 152AL(7) has effect in relation to the undertaking as if paragraph 152AL(7)(c) had not been enacted.

             (5)  For the purposes of this section, if a special access undertaking given by an NBN corporation is in operation, assume that subsection 152AL(8E) has effect in relation to the undertaking as if paragraph 152AL(8E)(c) had not been enacted.



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